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Council MInutes

May 5, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 5, 2009 – 7:00 PM

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

President Donchez called the meeting to order. Reverend Sandra
Birchmeier, of St. Mark’s Lutheran Church, offered the
invocation which was followed by the pledge to the flag. Present
were Jean Belinski, Joseph F. Leeson, Jr., Gordon B. Mowrer,
J. William Reynolds, J. Michael Schweder and Robert J. Donchez,
6. Karen Dolan was absent, 1.

Citation – Honoring David A. Strawn

President Donchez presented a Citation honoring David Strawn
on the occasion of his retirement from the Police Department
after 20 years of service to the City. The Members of Council
and the assembly applauded Mr. Strawn for his service, and
wished him well in his retirement.

4. APPROVAL OF MINUTES

The Minutes of April 21, 2009 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)

President Donchez announced that, prior to recognition of
the public under the First Courtesy of the Floor, two presentations
would be made on items listed on this evening’s Agenda
by the Housing and Community Development Planner on the Revised
Annual Action Plan, and by the Director of Water and Sewer
Resources on the PENNVEST Financial Assistance Application
for the Wastewater Treatment Plant.

Irene Woodward, Housing and Community Development Planner,
noted that Steve Lingle, of Triad Associates, consultant to
the City, is in attendance this evening. Ms. Woodward explained
the Department has been working on the CDBG Federal Stimulus
Funding and on the Federal government’s Homeless Prevention
and Rapid Re-Housing Stimulus Funding that is a new program
for the City. Ms. Woodward notified the assembly that the
City received $687,480 in Homeless Prevention funding, and
an additional $445,326 in CDBG Stimulus Funding, for both
of which the City has to apply. Ms. Woodward noted the Resolution
on this evening’s Agenda allows the City to amend its
2008 Action Plan in order to submit the funding application
that will be reviewed by HUD and a response will be sent to
the City. Ms. Woodward informed the Members that the Department
has been working on an RFP for the Homeless Prevention funding
so that local organizations can respond to obtain financial
assistance, housing relocation and stabilization, data collection
and evaluation, and administrative costs. The City has been
reviewing construction projects that are known as shovel-ready
for the additional CDBG funding. A recommendation is being
made to use the additional CDBG funding towards the construction
of the Greenway on the South Side, and for streetlights for
Fourth Street.

Ms. Woodward confirmed that two public meetings were held
on the CDBG Federal Stimulus Funding and on the Homeless Prevention
and Rapid Re-Housing Stimulus Funding. In addition, the Department
has been working with local organizations to obtain their
feedback.

Steve Lingle, of Triad Associates, confirmed the organization
is a Community and Economic Development consultant that has
been working with the City for four years. Mr. Lingle affirmed
that in February, President Obama signed the American Recovery
and Reinvestment Act (ARRA) of 2009. Mr. Lingle affirmed the
$445,326 in CDBG Stimulus funds are supplemental to the City’s
2008 CDBG funds. The purpose of the funds is to jump-start
the economy by instituting construction projects that are
in a ready to go state. Mr. Lingle informed the Members that
every possible effort has been made to move as quickly as
possible to meet the City’s Citizen Participation Requirements,
hold the public hearings, and make recommendations on projects
to be funded that are Fourth Street Lighting and improvements
to the Greenway Project. Mr. Lingle explained that, although
there is no set schedule for how quickly the projects need
to be submitted, if the application is submitted by May 15,
2009 then by July 1, 2009 HUD will notify the City whether
it is allowed to proceed. From that date, the City has 120
days according to the Federal legislation to bid the project,
and get the money obligated in the computer system. As a result,
the City would be in a position to have construction started
in September so that by the end of the Fall the projects should
be completed. The Homeless Prevention and Rapid Re-Housing
program (HPRP) is a new program for the City, and to date
the City has not provided funds for actual housing and homeless
prevention services. While the City may have provided funding
for shelters, or transitional housing, it has not been involved
in provision of services. The allocation is for provision
of services funds only, and would be a new service for City
residents. Restating the City tried to move quickly, Mr. Lingle
confirmed that Requests for Proposals (RFP) were submitted,
and proposals have been received from non-profit organizations
to provide the services under the HPRP program. By September
30, 2009 the individual organizations, the services they will
provide, and the budgets for the services must be specifically
identified. The funds will be provided over the next three
years, and the selected organizations will have three years
to provide the services to the homeless and at-risk of being
homeless individuals and families in the City. Mr. Lingle,
restating that September 30 is the deadline date, reiterated
that the City is trying to move quickly so that it can take
advantage of the funding. There are other programs under the
Federal Stimulus funds, and over a month ago the City applied
for Neighborhood Stabilization Funds through the State. Mr.
Lingle continued on to explain the funds are directly allocated
to the City as long as the City applies for them.

Mrs. Belinski, noting the funding was advertised in the
newspaper on February 25, questioned why the programs were
not previously brought before Council. Ms. Woodward advised
two public meetings were held for public participation as
required under the plan. Mrs. Belinski inquired how many people
attended. Ms. Woodward replied one person attended.Mrs. Belinski
asked how the meetings were advertised. Ms. Woodward responded
they were advertised in the Express-Times.

Mrs. Belinski, communicating it seems that the program is
being pushed through at the last minute, acknowledged it is
a good program and Council would not vote against it. However,
Mrs. Belinski questioned why such matters are brought before
Council at the last minute.

Ms. Woodward explained the Department is trying to work
with the timeline it has, and pointed out it takes time to
undertake the requirements under the program, and the Department
has tried to push forward as quickly as it can. Ms. Woodward
apologized that the information did not get to Council sooner.

Mrs. Belinski, stressing it seems that these items are brought
to Council at the eleventh hour and Council is expected to
vote on them, observed that Council should have had time to
digest and discuss the programs but were not given that advantage.

Mr. Mowrer queried whether an advertisement was placed in
the Morning Call.

Ms. Woodward responded the Department advertises in one
newspaper and it was decided that it would be the Express-Times.
Ms. Woodward continued on to explain that advertisements must
be placed throughout the year and it becomes very costly.

Mr. Reynolds asked why it was felt the Fourth Street lighting
and the Greenway were appropriate projects for the program.

Ms. Woodward responded the Department was looking for projects
that were shovel ready, and the City had already committed
CDBG funding in the past to both projects. Ms. Woodward continued
on to advise it was a good opportunity to finish the Fourth
Street lighting project, and to put additional funds towards
the Greenway that will be under construction this Fall.

David Brong, Director of Water and Sewer Resources, affirming
that a Resolution in support of the City’s grant application
to PennVest is before City Council, informed the Members that
the grant funding is available through the Federal government’s
American Recovery and Reinvestment Act (ARRA) Stimulus funding
and is being managed by PennVest at the State level through
the revolving fund. In this grant package, projects that provide
energy efficiency, including water systems, are being considered.
The other requirement is that a project be shovel ready, and
be awarded with notice to proceed by October 1, 2009. Mr.
Brong added if those two criteria are met, there is a reasonable
chance of being evaluated highly and obtaining grant funding.
The City’s project, at a cost of $2 million, is for
replacement of the ten surface areas of the Wastewater Treatment
Plant that serve to deliver oxygen to the waste stream. The
existing surface areas are beyond serviceability, and if the
motors fail they can no longer be replaced. Mr. Brong advised
this is a high priority project for the Wastewater Treatment
Plant. Continuing on to say the new aerators have high efficiency
drive trains and the speed can be controlled to match the
loading required to be treated, Mr. Brong stated based on
that the City has the ability to save on the order of magnitude
of about $150,000 a year in electricity expense based on the
energy efficiency assigned to the project. The projects must
be submitted by May 18, 2009 and the Department is trying
to get the packages prepared, engineered, and to the governing
body. The Department will not know until the July meeting
of the PennVest board.

Dana Grubb, 2420 Henderson Place, said that, if he had not
received the Agenda for tonight’s Council Meeting and
noticed the Resolution for the amendments to the 2008 Action
Plan, he would not have known about the public hearings. Mr.
Grubb related he found out there was a public hearing scheduled
this morning and that he was the only person at both of the
public meetings. Mr. Grubb continued on to say although the
legal advertising of the public meetings met HUD’s minimum
requirements he thought that few if any of the Members of
Council and the community knew about the proposal. Mr. Grubb
stated he had a copy of the February 25 newspaper article,
and thought there was an issue with the time compression on
bringing the matter before Council. Commenting that both the
Fourth Street lighting and Greenway projects are worthy projects
to fund, Mr. Grubb expressed his disappointment that parks
and recreational improvements were not included for existing
City facilities. Mr. Grubb did not believe the process had
to be compressed, and thought a lot more could have been done
to involve the public. Mr. Grubb, noting that he made some
recommendations at the public hearing this morning, stated
every time there is a public hearing it should be posted on
the City’s website. He continued on to say the public
hearings would be more beneficial if they were scheduled in
conjunction with City Council Meetings, and scheduling the
public hearings at 10:00 a.m. is not conducive for many people
to attend. Mr. Grubb stressed the idea is to include as many
citizens as possible. Mr. Grubb said City Council should always
be notified when the public hearings are scheduled. Observing
there are some times when the timetable cannot be helped,
Mr. Grubb pointed out that in this case there was knowledge
on February 25 that an allocation was coming but yet it has
to be done tonight. Mr. Grubb stressed that the process should
have been better planned, and the public participation could
have been handled much better so that the public had a chance
to comment on the allocation of Federal stimulus dollars.
Expressing the hope that in the future a much more inclusive
initiative is undertaken on these types of issues, Mr. Grubb
remarked that the taxpayers deserve it.

Eddie Rodriquez, 1845 Linden Street, recalled that he brought
pictures for the Members of Council and discussed at several
Meetings the matter of lighting that is dim throughout the
City with the new lampposts that are being installed. Mr.
Rodriquez said the lights are being knocked down by trucks
and vehicles because they are too close to corners. Mr. Rodriquez
expressed the hope that there are not the same problems with
the Fourth Street lighting project. Mr. Rodriquez stated there
is a growing problem with homelessness in Bethlehem, and funds
should be allocated directly to helping these individuals.
Mr. Rodriquez expressed he is particularly concerned with
what is happening in the West Fourth Street and Wyandotte
Street area and behind the Perkins restaurant with people
who need assistance.

Bill Scheirer, 1890 Eaton Avenue, commented that the advertisements
in the Express-Times are cheaper because of that newspaper’s
circulation versus the Morning Call. Mr. Scheirer said the
government needs to inform the citizens, and if there is any
element of doubt it needs to err on the side of being more
outreaching and inclusive, that is especially important for
those who do not have Internet access. Mr. Scheirer felt that
consultants should give their address when they speak.

Mr. Scheirer expressed his support for Resolution 11 G requiring
posting of liquor license transfers. Mr. Scheirer suggested
that Resolution 11 D pertaining to on-line auctions could
be revised to state that for any property valued over $1,000
a notice would be advertised once in at least one newspaper
30 days in advance of when the property shall be placed on-line
for auction, instead of the proposed 10 days, so that citizens
would not have to check so frequently.

Mary Pongracz, 321 W. Fourth Street, expressed that Resolution
11 E, Revising 2008 Annual Action Plan – Additional
CDBG Funds and Homeless Prevention and Rapid Re-Housing Program
Funds, should be tabled since City Council and the public
have not been informed. Stating that a public hearing should
be held at a time that is most agreeable for the public, Ms.
Pongracz stressed that 10:00 a.m. is not agreeable to the
public. Ms. Pongracz communicated she cannot believe that
City Council would vote to pass a Resolution dealing with
information not yet received, and asserted it is being pushed
through. Ms. Pongracz thought that a notice could be put on
the doors at City Hall for people to see when they come to
pay their taxes or go to the various Departments. Ms. Pongracz
said she feels very strongly that the topic does not belong
on this Agenda. Ms. Pongracz, noting she attended a meeting
of the South Side Vision 2014 today and pointing out the Mayor
and representatives of the Community and Economic Development
Department were also in attendance, highlighted the fact that
she could not have attended the 10:00 a.m. meeting this morning
even if she would have known about it.

Public Notification; Use Permit Agreements - Recycling

Peter Crownfield, 569 Brighton Street, communicated that
sometimes it requires hard work to reach out to notify the
public. Mr. Crownfield, recalling that the earlier Greenway
planning process was a good example of how well public notification
can be done, noted it was publicized at meetings, on the City’s
website, in newspapers, and through community groups. Mr.
Crownfield thought that a list on the City’s website
of upcoming meetings for a 30 day period would be useful,
or people could subscribe to a list of upcoming meetings,
or there could be an RSS feed on the website. Mr. Crownfield
stressed that democracy depends on public process. Noting
that over a year ago recommendations were made about incorporating
recycling and solid waste requirements in Use Permit Agreements,
Mr. Crownfield said that was not done for the Musikfest Use
Permit Agreement as far as he knows. Advising that the EAC
had unanimously approved of the various suggestions, Mr. Crownfield
thought they should be implemented.

President Donchez, turning to Agenda Item 6 B 2, Gift of
Real Estate – LVIP, confirmed that Members of Council
received the memorandum from Tony Hanna with the Environmental
Report last week. President Donchez stated that, with Council’s
concurrence, the Resolution can be placed on the May 20 Agenda,
unless there are further questions.

The Clerk read a memorandum dated April 20, 2009 from Christopher
Spadoni, City Council Solicitor, to which was attached a drafted
Ordinance prohibiting the use of handheld mobile telephones
by a person operating a motor vehicle or other vehicle on
a City street under certain terms and conditions.

The Clerk read a memorandum dated April 30, 2009 from Irene
Woodward, Housing and Community Development Planner, to which
was attached a Resolution to revise the City’s 2008
Action Plan for additional Community Development Block Grant
(CDBG) funding, and to receive Homeless Prevention and Rapid
Re-Housing funds through the Federal Government’s American
Recovery and Reinvestment Act (ARRA) of 2009.

President Donchez stated that authorizing Resolution 11 E
is on the Agenda.

The Clerk read a memorandum dated April 30, 2009 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed Ordinance to effect the vacation of portions of
Marshall Street, Clinton Street and East North Street in connection
with the request of Nitschmann, LLC.

President Donchez stated that Bill No. 14 – 2009 is
on the Agenda for First Reading.

The Clerk read a memorandum dated May 1, 2009 from David
L. Brong, Director of Water and Sewer Resources, requesting
that City Council pass a Resolution to support a PENNVEST
Financial Assistance Application for stimulus funds for the
work required to upgrade the existing aerators with more efficient
units and by adding a Dissolved Oxygen Control System Aerator
Tank Upgrade Project for the City of Bethlehem’s Wastewater
Treatment Plant. The deadline for the submission of the grant
application is May 18, 2009, and it was requested that City
Council consider adopting the Resolution at its May 5, 2009
Meeting.

President Donchez stated that authorizing Resolution 11 H
is on the Agenda.

President Donchez appointed LauraLynne Burtner to membership
on the Environmental Advisory Council effective until January
2010, to fill the unexpired term of Kim Schaffer who resigned.
Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-91
to confirm the appointment.

President Donchez advised that he had asked the Mayor to
give a brief presentation on the Federal Stimulus funding
that the City will receive.

B. Mayor

Art Exhibit – Town Hall Rotunda – Art from City
Offices

Mayor Callahan denoted that works of art from various offices
in City Hall are on display in the Town Hall Rotunda, and
a press conference on the exhibit was held today. Mayor Callahan
advised that Beverly Hoover, a member of the Fine Arts Commission,
along with Meg Holland, City Controller, undertook the laborious
project that involved cataloging the works of art in City
Hall. The artwork has been estimated at $1.5 million. Mayor
Callahan added that a reception will take place on Thursday.

Mayor Callahan, commenting the City has not previously been
in a position of receiving this amount of Federal and State
funds, some with vague guidelines and criteria, and a strict
timeline for completion, communicated many governments are
in the same situation of having to scramble to get the dollars
out of the door in an effective way. Mayor Callahan stated
that, while the City may have known the total amount of additional
CDBG funding it would receive, the City did not know the guidelines
and criteria for the additional allocation. Mayor Callahan
informed the assembly it was not until a week and a half ago
that there was an internal meeting with the HUD representative
about how the dollars could be spent. No funding could go
towards administration, and there were timelines for submission
and expenditures. Mayor Callahan continued on to advise the
City had to pick projects that were shovel ready or in the
process of being completed. Consequently, the Administration
tried to pick projects for which City Council has already
allocated CDBG funding or bond dollars, given the time limits.
Mayor Callahan, communicating he takes some of the suggestions
to heart, said the timing of the public hearings could have
been better in terms of the time of the day, and acknowledged
it costs nothing to publish meetings on the City’s website
and a better job should be done of that. Mayor Callahan affirmed
the Administration has listened and will make those adjustments.
Mayor Callahan, communicating these are unprecedented times,
stated the Administration is doing the best to deal with the
matters on a timely basis and with respect to City Council.

Mayor Callahan notified the assembly he has had numerous
meetings with Mayors from across the country in the East Room
with the President of the United States, and the Vice President,
meetings with the Governor in the Governor’s mansion,
State-wide conference calls with Senator Casey, and personal
meetings with Senator Specter on the Federal Stimulus package
to make sure the City and its projects are given priority.
In addition, the Mayor noted he has had meetings with Pennsylvania
Secretary Creedon. Mayor Callahan advised the City is informed,
and has been allocated approximately $3.2 million in Stimulus
funds, and enumerated the funding, as follows: $172,000 from
the JAG Grant, $449,000 in CDBG funds, $687,000 for Homeless
funding, $702,000 for Energy Conservation, and $1.2 million
of additional funding from PennDot for overlays. Mayor Callahan
continued on to note that the PennVest funding is in the form
of both grants and loans, and the request centers around the
City’s Wastewater Treatment Plant. In addition, H2O
grants have been applied for and will be allocated through
the Commonwealth Financing Association, and the hope is to
get as many water and wastewater projects funded as possible.
Mayor Callahan informed the assembly that $223 million has
come to Pennsylvania for water and wastewater system improvements.
He stated the City has many projects that meet the criteria
and hopefully will receive consideration.

Mayor Callahan notified the assembly that the Administration
has formed a Stimulus Committee, and Darlene Heller, Director
of Planning and Zoning, has been selected to head the group.
The other committee members are Irene Woodward, Housing and
Community Development Planner, Donna Albright, Grants Coordinator,
Mark Sivak, Budget Analyst, Ralph Carp, Parks and Public Property
Director, Jody Reppert, Business Manager for Parks and Public
Property Department, Randy Miller, Police Commissioner, Diane
Bachman, Business Manager for Public Works Department, Carey
Ruhf, Water and Sewer Resources Department, George Barkanic,
Fire Commissioner, Attorney Joseph Kelly, Assistant City Solicitor,
Judi Maloney, Health Bureau Director, and Jessica Lucas, Health
Bureau. The committee has met three times, there is a shared
file on the City’s system, and the purpose of the committee
is allow each department to exchange information and obtain
updates on stimulus grants. Mayor Callahan added that most
of the components of the stimulus package have a use it or
lose it scenario. Mayor Callahan stated the Governor and the
President have made it clear they will hold individuals accountable
for appropriation of the funding.

Police Department

Randy Miller, Police Commissioner, advised the Department
has applied for the Justice Assistance Grant (JAG) listed
under Resolutions this evening in the amount of $172,216.
The JAG is an existing grant but the stimulus money has provided
a significant increase in the grant amount. The JAG will be
used for school and parks overtime, bicycle uniforms and equipment,
computers, and mounted police unit. The Department is working
on an Edward Byrne competitive grant in the amount of $363,000
for 2 additional 911 Dispatchers and civilian crime analyst.
It is a 3 year grant with no matching requirement. The Department
is also seeking a COPS hiring recovery program to fund open
positions in manpower increases planned for 2009 and 2010,
and it is not known at the present time how many officers
would be awarded. The Department is applying for a COPS Secure
Our Schools grant in the amount of $185,000 in cooperation
with the Bethlehem Area School District to fund cameras around
Liberty High School, and to tie in the existing camera system
with those inside middle and high schools in the event of
a major incident requiring police intervention.

Public Works Department

Michael Alkhal, Public Works Director, stated that $27.5
billion was allocated under ARRA for highway infrastructure.
Pennsylvania received about $1 billion, the funding was distributed
according to population, and the region received about $34
million. The Department was been working with PennDot over
the last 4-6 weeks on submitting projects that had to be shovel
ready, the funding has to be spent within 12 months, and the
State set a goal of 6 months. The City has to get the projects
to construction by August, and consequently the projects consist
of those that involve milling and paving of streets, upgrading
ADA ramps, and line painting. The funding of about $1.2 million
of the City’s projects will be used for Broad Street
from the bridge west of Main Street to the City line with
Allentown, and Pennsylvania Avenue from Broad Street to the
railroad south of Pinehurst Road.

Parks and Public Property Department

Ralph Carp, Director of Parks and Public Property, noted
the City has been appropriated $702,000 through ARRA for energy
efficiency and conservation measures. Mr. Carp affirmed this
evening he distributed to the Members of Council a memorandum
outlining the program. Mr. Carp explained the Department is
working on developing an energy efficiency and conservation
strategy, leveraging funding through performance contracting
on retrofitting of different projects through a facilities
assessment, and feasibility study with an outside firm. The
Department will work with the Community and Economic Development
Department on ongoing projects.

Mr. Mowrer, commenting that the Administration has worked
hard in trying to put together a program that makes sense,
said his only area of concern is the programs that run for
3 years with personnel and it is unknown how the City would
address continued costs.

Mayor Callahan explained the COPS program funding allocation
is a 100% match for 3 years. Since the City has been ramping
up its public safety manpower efforts in preparation for the
casino, the City will be hiring the officers that were committed
to be hired in 2009 and 2010 and they will be funded with
Federal dollars for the first three years. Afterwards, there
will be the opportunity to make adjustments after reviewing
the impacts of the casino.

President Donchez pointed out that he attended a meeting
for his job with State Representative Joe Brennan at which
the Mayor was also present about concerns that there was not
enough stimulus funding for urban core cities, and he is glad
to see that has changed. President Donchez noted many of the
programs are coming up quickly with very strict guidelines
and a short timetable, and the projects have to be shovel
ready.

C. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee,
presented an oral report of the meeting that was held April
30, 2009 at 7:00 PM in Town Hall. The Committee unanimously
recommended that City Council adopt a Resolution to require
the posting of properties for Liquor License Transfer Requests,
and Economic Development Plans and Studies. The Committee
reviewed a proposed Amendment to Zoning Ordinance Article
1325.04 - Zoning Hearing Board - Notification Requirements.
The Committee agreed to retain the present requirement to
notify property owners within 300 ft. of the property in question,
rather than 500 ft.; and, to add a provision to notify a minimum
number of at least 15 residential properties closest to the
property in question in the event such owners are not within
the 300 ft. radius. The additional language will be drafted
and forwarded to City Council, and the required Public Hearing
will be scheduled.

AN ORDINANCE AUTHORIZING THE VACATION,
DISCONTINUANCE AND STRIKING FROM THE CITY'S
GENERAL PLAN OF STREETS OF A PORTION OF
MARSHALL STREET, A PORTION OF CLINTON STREET
AND A PORTION OF EAST NORTH STREET, ALL IN THE
FIFTEENTH (15TH) WARD OF THE CITY OF BETHLEHEM,
COUNTY OF NORTHAMPTON, PENNSYLVANIA.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-92
that authorized the Mayor to execute the documents for the
2009 Edward Byrne Memorial Justice Assistance Grant (JAG)
in the amount of $354,538, of which $172,216 is allocated
to the City of Bethlehem to be used by the Police Department
for School and Parks Overtime, to purchase bicycles, uniforms
and equipment, computers, and for reinstatement of the Mounted
Patrol Unit (Horses for Police Department). The remaining
funds are allocated to several other Northampton County municipalities.

Mr. Reynolds, commenting this is something that a lot of
people want and will be a real benefit to the City, reiterated
his support for the project.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-93
that adopted the Addendum to the Parks and Recreation Plan
– 2007 dated April 1, 2009 submitted by the Recreation
Commission, and incorporated the Parks and Recreation Plan,
as amended, into the 2008 Comprehensive Plan (Resolution 2009-54).

C. Authorizing Use Permit Agreement for Public Property –
Has Anyone Seen My Balloon?

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-94
that authorized the Mayor and Controller to execute a Use
Permit Agreement with Richard Scott Kelly for the use of City
property for a hot air balloon take off from June 1, 2009
to May 31, 2010.

Mr. Mowrer noted it is a wonderful experience to see the
City while riding in a balloon.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-95
that authorized the Administration to maintain an on-going,
on-line auction for certain City personal property separate
from and in addition to any one day auctions, in order to
take advantage of technological changes, and in accordance
with the procedure specified in the Resolution.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-96
that revised the 2008 Annual Action Plan as part of the process
to receive Homeless Prevention and Rapid Re-Housing Program
funds in the amount of $687,480 and additional Community Development
Block Grant funds in the amount of $445,326 through the American
Recovery and Reinvestment Act of 2009.

Mr. Schweder recounted that two weeks ago there was a discussion
about the after the fact treatment of City Council. Mr. Schweder
continued on to relate, at that time, he had observed if it
had been the first, second, third time, etc. it had happened
it might be understandable. However, Mr. Schweder stated little
did he realize the same thing would occur two weeks later
in terms of procedure. Mr. Schweder remarked that the additional
informational materials the Members of Council were given
to digest were delivered at almost 4:30 p.m. this afternoon
and did not allow Council sufficient time to review. Focusing
on the fact that the public hearing was held at 10:00 a.m.
this morning, Mr. Schweder recalled one of the first Committee
meetings he had scheduled when he became a Member of Council
was at 8:00 a.m. that was convenient for his schedule and
that of the Committee members. However, Mr. Schweder advised
that the President of Council pointed out to him that 8:00
a.m. was not a convenient time for the public, and he did
not schedule another Committee meeting at a time other than
in the evening. Observing that the public meeting was not
advertised on the City’s website, Mr. Schweder pointed
out that the Pennsylvania League of Cities is lobbying to
have the Legislature remove the requirement to advertise in
a newspaper and allow advertising on the Internet. Mr. Schweder,
while acknowledging that the proposals are very meritorious,
and noting that two weeks ago he said he would vote for those
proposals despite what he thought about the process, communicated
he is at the point where he is going to vote against this
Resolution tonight regardless of the content because it seems
to him that the citizens of the City and City Council do matter.
Mr. Schweder, noting that two Members of Council work for
the Pennsylvania House of Representatives, highlighted the
fact that the Representatives for whom they work voted in
the previous session to do away with the process that is occurring
now by not permitting things to come in a late fashion, and
to provide time for review and public input. Mr. Schweder
commented it would seem appropriate that Council would at
least consider doing the same thing.

Mr. Reynolds noted about three weeks ago he had conversations
with the Mayor and Mr. Hanna to ask about some of these issues.
He was told at the time that the Administration was not aware
yet of the details on how the City could spend the stimulus
money. Mr. Reynolds affirmed that an email was received from
Ms. Heller that the DCNR Grant on which Council had voted
at the April 21, 2009 City Council Meeting had not been previously
executed. Mr. Reynolds advised that he and President Donchez
have heard at the South Side Task Force meetings that citizens
on the South Side have been constantly asking about continuation
of the lighting project on Fourth Street. Mr. Reynolds added
that the proposal is also for money that is needed for the
Greenway project on the South Side. Mr. Reynolds, recollecting
this past winter the City was questioned about providing assistance
to the homeless, highlighted the fact that the Administration
took it upon themselves with this opportunity to apply for
stimulus funding for homeless assistance services. Mr. Reynolds
thought the idea that Council would not want to support the
projects was ludicrous. Mr. Reynolds, communicating he is
not the only Council Member who has asked questions on what
the stimulus funding could be spent, restated that several
Department Heads did not know yet what the parameters were.
In addition, Mr. Reynolds noted there have been numerous articles
in the newspaper, and President Obama has spoken about the
economic stimulus package. Mr. Reynolds stated that in his
job at the State Representative’s office the question
was asked many times and it was not known what the details
would be along with the parameters as to how the stimulus
money could be spent.

Mrs. Belinski wondered why a meeting could not have been
scheduled prior to tonight’s Council Meeting to provide
a more in-depth explanation.

Mr. Schweder, restating that all the projects are very meritorious,
remarked that the process has broken down and needs to be
fixed.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-98
to require that in addition to the provisions under Resolution
No. 15,083 to notify all property owners within 500 feet of
a submission, the following additional written certification
must be provided to City Council for liquor license transfer
requests and the approval of community and economic plans
and/or studies: A Certificate shall be submitted in writing
that the affected property was posted at three conspicuous
locations upon the premises with such posting to include a
summary of the submission, indicate where such documentation
may be reviewed in detail during normal business hours, and
shall further advise as to the date, time and place for the
consideration by the City.

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-99
that authorized the submission of a Financial Assistance Application
to the Pennsylvania Infrastructure Investment Authority (PENNVEST)
for the purpose of financing all work required to upgrade
the existing aerators with more efficient units and by adding
a Dissolved Oxygen Control System at the City’s wastewater
treatment plant, located within the City of Bethlehem. The
project also includes structural upgrades to the existing
aeration tanks to support the new construction and a replacement
of the handrail system; and designating the Mayor, and Controller
to execute and sign all certifications and documentation required
in connection with the PENNVEST Financial Assistance Application.

Ellen Kraft, 266 West Fairview Street, noted she is also
an Attorney with offices at 3400 Bath Pike in Bethlehem. Ms.
Kraft stated she is at the Meeting tonight on behalf of the
residents of the 200 block of West Fairview Street because
at the April 22, 2009 Zoning Hearing Board meeting, the Board
approved a variance and a special exception for 271 West Fairview
Street that is a single residential lot. Ms. Kraft informed
the Members that she will distribute copies of the City Tax
Map of the property in question, along with photographs. Ms.
Kraft explained that Mr. Atiyeh is redeveloping the former
Silk Mill building into loft apartments and needed to get
a variance and special exception in order to put a parking
lot at 271 West Fairview Street with ingress and egress onto
West Fairview Street. Ms. Kraft informed the Members that
none of the residents on the North Side of Fairview Street,
located merely 75 ft. across from the lot in question, received
notice of the April 22, 2009 Zoning Hearing Board meeting.
Ms. Kraft, noting she talked to John F. Spirk, Jr., Esq.,
City Solicitor, earlier this evening, advised that Attorney
Spirk indicated to her that apparently it was an oversight.
Counsel for Mr. Atiyeh faxed something to the City and it
did not include any of the residents on the North side of
the street. Ms. Kraft, acknowledging she realizes this is
not the jurisdiction of City Council, and adding she will
file an appeal if necessary, expressed the hope that Members
of Council and perhaps the Solicitor will join the petitioners
in either having a re-hearing of the issue or in filing an
appeal of the Zoning Hearing Board decision when it is rendered.
Ms. Kraft pointed out that a lot of time, money, and personal
attention have been spent on that end of West Fairview Street
to try to make it a very nice, family, residential neighborhood.
She continued on to say the residents work with Moravian College
on student-related issues, and have participated in the Properties
of Merit program. Further advising that Mulberry Street between
West Frankford Street and West Fairview Street was vacated
in 1999 and is directly across from the lot in question, Ms.
Kraft informed the Members one of the primary reasons for
closing the street section was because it had become a haven
for drug dealing at night where cars would line up, get the
drugs, and drive off. Highlighting the fact that the bottom
section of West Fairview Street has become very nice, very
quiet and peaceful area, Ms. Kraft expressed disbelief that
the City would approve of this type of zoning for a single
residential lot that is totally out of character for the neighborhood.

Mr. Schweder, referring to the item on the Community Development
Committee agenda of the April 30 meeting on notification requirements,
said he was under the assumption that the notification list
was assembled by the City Department but not the developer.
Mr. Schweder, commenting it needs to be found out how there
was an oversight, observed that several blocks would have
to be notified under the current law.

Ms. Kraft advised the entire South side of West Fairview
Street was notified but no one on the North side of West Fairview
Street was notified.

President Donchez stated that Attorney Spadoni will research
the matter.

Pedestrian Crossings

John Ladics, 1527 Kaywin Avenue, said he is at the meeting
on behalf of Holy Infancy Church at Fourth and Taylor Streets,
where there is East-West traffic on Fourth Street, and Taylor
Street is a crosswalk for pedestrians. Mr. Ladics, advising
there are four signs for pedestrian crossings posted at each
corner located in the streets on double yellow lines, stressed
no one cares about the pedestrians. Mr. Ladics informed the
assembly that when he stepped into the street the car coming
did not stop. Mr. Ladics wondered whether a sting operation
could be conducted so that people are made aware that pedestrians
have the right to cross the street where it is safe.

President Donchez asked that Police Commissioner Miller
and Mr. Alkhal review the intersection.

Street Lights

Louise Valeriano, 3114 East Boulevard, notified the assembly
that the area outside of the West gate of the City Garage
is very dark, and one has to look towards Church Street to
see if there are headlights coming. Ms. Valeriano questioned
why the street lights are not lit.

Michael Alkhal, Director of Public Works, advised the lights
are old, there are some problems with underground wiring and
there have been some shorts, so the lights continue to go
out. As a permanent solution, the plans are to install conduit,
and it will take some time to have the lights back in operation.

Ms. Valeriano informed City officials that in the 1100 block
of East Fourth Street there is a pole on the north side of
the street directly across from the entrance to Shaw Street
on which the light has been out for months, and added the
light next to it is also out. Ms. Valeriano explained the
difficulty seeing vehicles because of the fact that the street
lights are not working. Ms. Valeriano affirmed that residents
have called the City several times, and she also has called,
but the lights are still out. Ms. Valeriano continued on to
say she was told that the numbers on the pole must be given
to the City. Ms. Valeriano asked how the situation can be
corrected.

President Donchez noted that Mr. Alkhal would check the
matter.

Pedestrian Crossings

Dana Grubb, 2420 Henderson Place, referring to the comments
made earlier by John Ladics, stressed that the issue concerning
the walkability of the City is vehicular traffic and the disrespect
shown to pedestrians by drivers. Mr. Grubb thought that traffic
stings are necessary to be conducted for speeding and pedestrian
crossings, and also for littering. Mr. Grubb asserted that
a message needs to be sent if the City wants to retain its
quality of life, and if people are to feel safe when walking
throughout the City. Mr. Grubb, highlighting another issue
of where pedestrians cross, pointed out that at Liberty High
School students do not cross at the pedestrian walkways. Mr.
Grubb thought that tickets should be issued, rather than giving
warnings, so that people feel safer when walking around the
City.

Mr. Reynolds commented that the color of the paint in the
crosswalks along with the checkered design have made an improvement.
Mr. Reynolds commented that one of the problems with the sting
operation is that a district justice may throw out the charge
or may take the side of a driver. However, Mr. Reynolds stated
that he certainly wished something could be done about the
matter.

Stimulus Funding; Pedestrian Crossings

Dean Bruch, 555 Spring Street, expressed that one of the
things the City should do with the stimulus money is to pay
down some debt. Acknowledging the State may not allow that
to be done, Mr. Bruch pointed out that some of the things
were mandated on the City by the State. Mr. Bruch, agreeing
with the comments made about pedestrians, explained that when
he has stopped for a pedestrian, the car next to him did not
stop. Mr. Bruch related that in the past school crossing guards
took their jobs very seriously, wore uniforms, and had the
responsibility to report people who did not obey the rules.
Mr. Bruch noted he listened to a television program on which
the Lehigh County Executive was addressing stimulus money,
and people are confronted with the problem that they are not
told when, what, or how they can go about getting the stimulus
money and the purposes for which it can be used.

Various Issues

Eddie Rodriquez, 1845 Linden Street, stressed that drug
activity is definitely increasing in the City, there are severe
problems in the City, and outside people are coming in. Mr.
Rodriquez did not think that enough is being done about the
problem. Stating that one cannot talk directly to individuals
within the Police Department since one frequently gets an
answering machine, Mr. Rodriquez queried to whom can these
problems be addressed. Mr. Rodriquez explained that he along
with others have been shown a lack of respect when calls have
been placed to the House Sergeant desk. Mr. Rodriquez exclaimed
it is true that motorists do not respect pedestrians, and
agreed in particular with the comments made earlier about
Fourth Street and Taylor Street at Holy Infancy Church. He
further agreed that some students at Liberty High School do
not walk across the street in the crosswalk area. Mr. Rodriquez
asserted that the street light referenced earlier at Shaw
Street has been out for years. Mr. Rodriquez pointed out that
the security camera in the Five Points area is in the wrong
place, and only two of the five intersections can be viewed.

Five Points Traffic Plan; City Vehicles

Terry Meixell, 56 East Goepp Street, stating he met with
Frank Barron, Traffic Engineer, about the Five Points traffic
plan, said he found out the original proposal has been revised
and expressed the hope that when the plan has been finalized
there will be two more meetings for the public to view the
final plan. Mr. Meixell said he likes the current traffic
pattern at the intersection of Wyandotte Street and Third
Street that was put in place due to the painting of the Hill
to Hill Bridge where the left turn onto Third Street has been
eliminated. Mr. Meixell thought that the Third Street ramp
should be made one way permanently, and the light eliminated,
to stop the traffic bottleneck. Mr. Meixell noted he was told
he would be invited to the meetings with PennDot and the City
but has not yet been invited, and added he has forwarded some
suggestions to PennDot. Mr. Meixell advised he has seen a
City pickup truck at Liberty High School in the afternoon.

Procedural Protocol – Revising 2008 Action Plan

Mary Pongracz, 321 West Fourth Street, stressed she resents
the use of the word ludicrous, and continued on to state no
one said they are opposed to the projects but rather the opposition
is related to the proper protocol not being followed. Ms.
Pongracz affirmed that her opposition was not to the project
but to the proper protocol not being followed, and there was
not adequate participation on the part of the community.

Polk Street – Sinkhole Repair

Stephen Antalics, 737 Ridge Street, commented that Polk
Street between Packer Avenue and Fifth Street is rarely traveled,
although he travels on it frequently. Mr. Antalics said he
had noticed a sinkhole and today the street was paved, and
commended the responsive action of the City.

Procedural Protocol – Revising 2008 Action Plan

Thomas Carroll, 248 East Union Boulevard, thought Mr. Schweder
was correct in calling into question the process. Mr. Carroll
stressed that elected representatives have a responsibility
to protect the rights and liberties of citizens. Highlighting
the fact that Council just voted to spend a lot of money because
it is there and if it is not spent it will not be there, Mr.
Carroll remarked that the Members became accomplices in generational
theft.

Campaign Signs

Bill Scheirer, 1890 Eaton Avenue, observed that a campaign
yard sign on public property shows a disrespect for the law.
Mr. Scheirer, while questioning why the law is not enforced,
pointed out it is hard to determine who put a sign on public
property. Mr. Scheirer proposed that the campaign should be
made responsible for the signs, and make the fine $10. Mr.
Scheirer further proposed that the Public Works Department
could be directed to remove signs found on public property,
the number of signs from each campaign counted, and the tally
released by stating the certain number of signs from each
campaign that were removed from public property. Mr. Scheirer
asked for a response.

Mayor Callahan, agreeing it is unfortunate that campaign
signs are put on public property, communicated he would not
use taxpayer dollars and the time of City employees in the
manner proposed. However, Mayor Callahan highlighted the fact
that when City crews cut the grass the signs are removed.